Authors:
George Croner
Abstract: George Croner details the history, structure, legal requirements, and intelligence value of the Section 702 surveillance program and explains why the reauthorization of Section 702 is both perpetually challenging—and particularly challenging in 2023. Croner identifies the most likely criticisms of Section 702 and examines the sources and merits of these critiques including in light of… Continue reading FISA Section 702’s Challenging Passage to Reauthorization in 2023The post FISA Section 702’s Challenging Passage to Reauthorization in 2023 appeared first on Journal of National Security Law & Policy. PubDate: Sat, 04 Nov 2023 18:48:15 +000
Authors:
Shervin Taheran
Abstract: Shervin Taheran illustrates the alarming trend of US presidents who indicate they can unilaterally withdraw from treaties without congressional approval. She argues the Executive Branch is not the “sole organ” to decide whether the United States can terminate a treaty. After examining international law pertaining to treaties, Taheran discusses how constitutional principles, textual evidence, historical … Continue reading Congressional and Supreme Court Restraints on Treaty Termination Carried Out at the President’s “Lowest Ebb” of Authority →The post Congressional and Supreme Court Restraints on Treaty Termination Carried Out at the President’s “Lowest Ebb” of Authority appeared first on Journal of National Security Law & Policy. PubDate: Sat, 10 Jun 2023 16:30:09 +000
Authors:
Cameron Hughes
Abstract: While nuclear energy today provides about 10% of global electricity generation in reliable, carbon-free form, the immense destruction tied to its origins casts a long shadow. This tension between terrible and peaceful power underlies the expansive non-proliferation regime of international law, a framework meant to keep nuclear technology from being diverted from this peaceful use … Continue reading Advanced Reactors and Nuclear Terrorism: Rethinking the International Framework →The post Advanced Reactors and Nuclear Terrorism: Rethinking the International Framework appeared first on Journal of National Security Law & Policy. PubDate: Sat, 10 Jun 2023 16:24:11 +000
Authors:
Daniel Schoeni
Abstract: In this book review, the author analyzes Akhil Reed Amar’s The Words That Made Us: America’s Constitutional Conversation, 1760-1840. Specifically, the author focuses on Amar’s central thesis—that the fundamental reason behind the US Constitution was national security—and how that should affect our reading of the Constitution today. The author concludes that Amar’s book is noteworthy … Continue reading A Bellicose Founding Charter: The US and Providing for the “Common Defence” →The post A Bellicose Founding Charter: The US and Providing for the “Common Defence” appeared first on Journal of National Security Law & Policy. PubDate: Sat, 10 Jun 2023 16:17:49 +000
Authors:
Meirong Jin
Abstract: Unlike the United States or the European Union, China has adopted a unique approach that combines foreign investment law and anti-monopoly law to protect national security in merger transactions. Meirong Jin and Qian Li argue that anti-monopoly merger control has been an indispensable part of China’s national security protection framework, with four characteristics that make … Continue reading China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond →The post China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond appeared first on Journal of National Security Law & Policy. PubDate: Sat, 10 Jun 2023 16:03:41 +000